New Orleans Wrongful Death Lawyers
Losing someone you love to another's negligence is a weight no family should carry alone. When you're ready, our family will help carry the legal part - so you can focus on grieving, healing, and remembering.
Free & confidential · No pressure · No fee unless we win
We're so sorry for your loss.
If your family is facing a wrongful death in New Orleans, you deserve answers, support, and a clear plan. You also deserve a law firm that treats you with real respect. At the Law Offices of Chip Forstall, we've served New Orleans families for decades. We understand what it means to stand beside people during the worst moment of their lives, and we don't take that responsibility lightly.
We also believe this should be understood from the start: Chip Forstall takes care of it all. Our firm is built around that promise. When a wrongful death happens, we help you make sense of what comes next, and we handle the legal burden so you can focus on your family.
What a Wrongful Death Claim Means in Louisiana
A wrongful death claim is a civil legal action that allows certain surviving family members to seek compensation when a death is caused by someone else's negligence. It's different from a criminal case. A criminal case is brought by the state and focuses on punishment. A wrongful death case is brought by the surviving family and focuses on accountability, financial protection, and justice under Louisiana law.
That distinction matters. Even if there is no criminal prosecution, a wrongful death claim may still exist. Your family's right to pursue a wrongful death case does not depend on whether criminal charges are filed.
A wrongful death claim is not about putting a price on a loved one. It is about ensuring your family has stability and support after a death that never should have happened and holding the responsible party accountable for wrongful choices and wrongful conduct.
Common Causes of Wrongful Death in New Orleans
Wrongful death cases can arise from many types of accidents. In Orleans Parish, we often see wrongful death claims tied to negligence in transportation, workplace safety, medical decisions, or property maintenance. Below are common categories we investigate in wrongful death cases.
Car and Truck Accidents
Many wrongful death accidents begin with a single moment: a driver running a red light, speeding, looking at a phone, or driving impaired. Car accidents and truck accidents can cause fatal injury in seconds. Truck cases can also involve multiple layers of responsibility for drivers, companies, maintenance vendors, and insurance carriers.
Workplace Accidents and Job Site Death
Construction and industrial environments can be dangerous, especially when safety protocols are ignored. Wrongful death at work can happen due to falls, machinery malfunctions, missing training, unsafe equipment, or failures in oversight. These wrongful death cases often require deeper investigation into policies and accountability.
Medical Malpractice and Preventable Death
Some wrongful death cases involve medical mistakes: misdiagnosis, delayed treatment, surgical errors, or medication problems. These are complex wrongful death matters that require careful review of records and expert input.
Dangerous Property and Negligent Security
A wrongful death may also occur due to unsafe property conditions, poor lighting, broken railings, unaddressed hazards, or negligent security. If a property owner knew about a danger and failed to act, that failure can become the foundation of a wrongful death claim.
No matter the scenario, our job is to establish liability, document the full losses, and pursue compensation that helps the surviving family move forward after a wrongful death.
Who Can File a Wrongful Death Case in Louisiana
Louisiana law defines which surviving family members can file a wrongful death claim, generally in order of priority. Because every family structure is unique, it's important to speak with a wrongful death lawyer who can confirm who has standing.
1. Surviving Spouse & Children
Often, the surviving spouse and children have priority to bring a wrongful death claim under Louisiana law.
2. Surviving Parents
If there is no spouse or children, the parents of the person who died may be eligible to file.
3. Surviving Siblings
If no parents survive, siblings may qualify to bring a wrongful death claim.
4. Surviving Grandparents
In some cases, when no closer family survives, grandparents may have legal rights to file.
Adopted children and adopted parents generally share these same rights. It's also common for families to have questions about multiple claims, blended families, adult children, or a surviving spouse who lives out of state. We can walk you through this clearly, and help you sort out where your family falls, with respect.
Wrongful death vs. survival action
A wrongful death case may also involve a survival action, a separate claim tied to what the loved one endured before death. These are two different claims, and if both apply, we explain it in plain language.
Wrongful Death Claim
This claim compensates the surviving family for what the loss took from them: their financial support, the household contributions, and the love, companionship, and guidance that are now gone.
Survival Action
A survival action is a separate claim tied to what the loved one themselves endured between the injury and death, brought on behalf of the person who died.
You focus on your family. We'll handle the legal burden.
Wrongful death representation isn't just about legal paperwork. It's about people. It's about grief, loss, and the weight of trying to protect your family while your heart is broken. We never forget that.
Damages and Compensation in a New Orleans Wrongful Death Claim
Wrongful death damages can include both financial losses and the deeply personal losses that come with death. Compensation cannot undo wrongful loss, but it can help provide stability, protect a surviving spouse, and ensure the family is not financially punished for another person's negligence.
Financial losses
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of financial support and benefits
- Loss of household services and contributions
Personal losses
- Loss of love, companionship, and guidance
- Emotional suffering of surviving family members
- Other damages depending on the facts of the wrongful death case
What to Do After a Wrongful Death in New Orleans
If your family believes a death was wrongful, you don't have to know everything immediately. But there are a few steps that can protect your rights.
Preserve documents and details
Get the accident report if an accident occurred. Keep medical records, bills, and communications. Save contact details for witnesses. Keep any photos or videos of the scene, and write down your recollection while it is fresh.
Avoid early settlements
Insurance companies may offer money early in wrongful death cases. Families often consider it because they need relief. But early wrongful death settlements can be too small, especially if long-term damages and future needs haven't been calculated.
Talk to a lawyer before giving statements
You don't need to navigate this alone. A wrongful death attorney can handle communication and protect the surviving family from pressure and confusion. We'll explain your rights, your timeline, and the next best step for your wrongful death case.
Why Choose the Law Offices of Chip Forstall
Chip Forstall has spent decades representing New Orleans families in serious accidents, catastrophic injury matters, and wrongful death claims. Our firm approaches wrongful death cases with preparation, compassion, and resolve. We treat clients like family because that is how we believe a law office should operate in New Orleans.
- One office and one team, so nothing about your family gets lost between locations
- You reach a real person, not a wall of voicemail
- Two generations of Forstalls treating families as their own
- Big enough to take on any insurer, small enough to still care
"When a family is grieving, they deserve more than just a law firm that handles the file. They deserve a law firm with a team that understands what is at stake, communicates with compassion, and treats their family with the care and respect we would want for our own." - The Forstalls
Understanding a New Orleans wrongful death claim
When a death is caused by someone else's negligence, the surviving family is left to carry both the grief and a legal process nobody prepared them for. Here is what that process actually looks like, and how we help you through it.
Why Families Speak with a New Orleans Wrongful Death Lawyer After Accidents
When a death occurs suddenly, many families are thrust into a very complicated predicament overnight. There are immediate decisions, paperwork, funeral arrangements, and financial worries. Then, the calls start. Insurance companies. Employers. Medical providers. Sometimes even investigators. The surviving family is expected to answer questions while still in shock.
In wrongful death accidents, evidence can also disappear quickly. The accident report may be incomplete. Witnesses move on. Video footage can be overwritten. And insurers can start "building their story" early. When a wrongful death lawyer gets involved fast, it becomes much easier to preserve critical evidence, identify liability, and protect the surviving family from unnecessary pressure.
A wrongful death lawyer can also prevent painful mistakes, like accepting an early settlement before the full impact of the death is understood or signing releases that limit your rights in a wrongful death case.
A firm built around one promise
Jonathan Forstall and our full team work together to support families through wrongful death cases with clear communication and respectful guidance. We don't leave you wondering what's happening next. We explain the process, keep you updated, and handle the difficult conversations for you. And throughout it all, we live by a promise that matters in wrongful death cases: Chip Forstall takes care of it all.
Our office is conveniently located in Mid-City at 320 North Carrollton Ave, Suite 200, New Orleans, LA 70119. If coming in person is difficult, we can begin by phone or online and keep the process as simple as possible.
If your loved one's death was wrongful, you deserve a law firm that takes your case seriously and treats your family with care. We are proud to serve New Orleans, proud to stand with Orleans Parish families, and committed to helping surviving spouses and families find stability after wrongful death accidents. When you're ready, call 504-483-3400 for a free consultation, or contact us online today. We'll listen, explain your options, and help you take the next step with confidence.
Related reading
If it helps to understand more before you reach out, these articles from our team cover common questions families ask us:
- Why Hiring a Personal Injury Attorney in New Orleans Is Critical After an Accident
- Why a Personal Injury Attorney in New Orleans Is Crucial for Protecting Your Rights
- Why Hiring an Accident Attorney Is Critical After an Auto Accident
- Why You May Need New Orleans Wrongful Death Lawyers After a Tragic Loss
- How to Choose the Right Accident Attorney for Your Case
- Mistakes That Could Jeopardize Your Auto Accident Claim in New Orleans
- Suing a City for Negligence Over a Personal Injury
- Understanding Emotional Distress in a Personal Injury Case
- Common Types Of Motorcycle Accidents: A Guide For Personal Injury
- Should You Settle Or Go To Court?
- What To Expect During Your Consultation
- Do I Have To Go To Court For A Personal Injury Claim?
- What To Do Before & After A Hurricane
- Tips For Taking Good Photos After An Accident
- Who Is At Fault For A Sideswipe Accident?
- How Long Does It Take To Settle A Wrongful Death Claim?
- Who Can Be Held Liable For A Truck Accident?
- How Long Does It Take To Settle An Accident Claim in New Orleans?
- Benefits of Hiring a Personal Injury Lawyer
- What is a Typical Personal Injury Settlement?
Frequently Asked Questions About Wrongful Death in New Orleans
What's the difference between a wrongful death claim and a criminal case?
A criminal case is brought by the state and focuses on punishment. A wrongful death claim is a civil case brought by the surviving family to seek compensation and accountability.
Does someone have to be charged with a crime for a wrongful death claim to exist?
No. Most wrongful death claims involve negligence, carelessness, reckless choices, safety violations, or failures to act responsibly.
How long do I have to file a wrongful death claim in Louisiana?
Louisiana has strict deadlines. In most cases, a wrongful death claim must be filed within one year from the date of death, though exceptions can apply. Speaking with a lawyer early can protect your rights.
Who can file a wrongful death claim in Louisiana?
Often the surviving spouse and children qualify first, followed by parents, siblings, and sometimes grandparents. Eligibility depends on the family structure and Louisiana law.
What if more than one party was responsible?
That's common in wrongful death accidents. Liability can involve drivers, companies, employers, or property owners. A lawyer can investigate and identify responsible parties.
What compensation is available in a wrongful death claim?
Compensation may include funeral expenses, medical bills, loss of financial support, and loss of love and companionship, plus other damages depending on the case.
Do we have to go to court?
Many wrongful death cases resolve through settlement, but not all. We prepare every case as if it may go to trial so you have leverage.
How much does it cost to hire a wrongful death lawyer?
Your first consultation is free. We can explain fees and the process clearly so you can make a comfortable decision. We know this is a difficult time, and we try to make this part as straightforward as possible, not separate from your real-life concerns.
Let our family help yours.
Reach out for a free, confidential conversation. We'll listen, answer your questions, and only move forward when you're ready, and you'll never owe a fee unless we win.
Not ready to talk yet? Reach out whenever you're ready.